One Call Construction Company Ltd (Trading as One Call Collection Service) v.Grenada Solid Waste Management Authority

• Jurisdiction: Grenada
• Judge: BAPTISTE, J.A. [AG.],Davidson Kelvin Baptiste,Justice of Appeal [Ag.]
• Judgment Date: 13 November 2009
• Judgment citation (vLex): [2009] ECSC J1113-2
• Court: Court of Appeal (Grenada)
• Docket Number: HCVAP 2009/008
• Date: 13 November 2009

[2009] ECSC J1113-2

IN THE COURT OF APPEAL

Before:

The Hon. Mr. Davidson Kelvin Baptiste Justice of Appeal [Ag.]

HCVAP 2009/008

Between:

One Call Construction Company Limited (Trading as One Call Collection Service)

Appellant

and

Grenada Solid Waste Management Authority

Respondent

Appearances by way of written submissions:

Jaime Bristol for the appellant

Daniella Williams Mitchell for the respondent

BAPTISTE, J.A. [AG.]

1 This is a decision in a procedural appeal. One Call Construction Company Limited (the appellant) has appealed against the order of a judge made on 10 ^th July 2009, refusing to grant leave to appeal a decision in which the judge found as a matter of law that the claim before the court was for the High Court to review the award of an arbitration tribunal and was therefore an appeal to which Part 60 of the Civil Procedure Rules 2000 applied.

2 The grounds of appeal are that the learned trial judge erred in law by failing to grant leave to appeal in that the proposed appeal does, as a matter of law, have a realistic prospective of success, and in refusing leave the learned trial judge failed to properly apply the test for granting leave to appeal. There is no dispute between the parties that the applicable test for the grant of leave to appeal is that the appellant has to establish a realistic prospect of succeeding on the appeal. Both sides cited Othneil Sylvester v Faelleseje, a Danish Foundation, Civil Appeal No. 5 of 2005 (Saint Vincent and the Grenadines) as authority for that proposition. The Grenada Solid Waste Management Authority (the respondent) however contended that the appellant has not passed the test for determining whether or not to grant leave to appeal.

3 I now give a brief background to the matter. By Fixed Date Claim the appellant claimed the following relief with respect to an award granted by an arbitration tribunal:

"1. An Order that the award made between the parties to the arbitration by Dickon Mitchell, Monica Joseph and Lauriston Wilson Jr., the Arbitrators therein, may be remitted for the reconsideration by the said Arbitrators or set aside on the following grounds namely:

• (i) The evidence which was to be part of the record of the proceedings and upon which the Arbitrators and the parties were to rely was not fully and accurately recorded and transcribed, as is admitted by the Arbitrators, resulting in unfairness to the Claimant.

• (ii) The award...